(1) Prior to the adoption of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the date of publication of the notice of proposed rulemaking in the bulletin.
(2)  When promulgating substantive rules, the agency shall provide an opportunity for oral presentation if requested by twenty-five (25) persons, a political subdivision, or an agency. The request must be made in writing and be within fourteen (14) days of the date of publication of the notice of proposed rulemaking in the bulletin, or within fourteen (14) days prior to the end of the comment period, whichever is later. An opportunity for oral presentation need not be provided when the agency has no discretion as to the substantive content of a proposed rule because the proposed rule is intended solely to comply:
(a)  With a controlling judicial decision or court order; or
(b)  With the provisions of a statute or federal rule that has been amended since the adoption of the agency rule.

Terms Used In Idaho Code 67-5222

  • Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
  • Bulletin: means the Idaho administrative bulletin established in this chapter. See Idaho Code 67-5201
  • Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. See Idaho Code 67-5201
  • Proposed rule: means an agency proposal that has been adopted and remains subject to review by the legislature. See Idaho Code 67-5201
  • Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201
  • Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201
  • Statute: A law passed by a legislature.
    • (3)  Every agency must allow oral presentation through video conference or telephone. Beginning July 1, 2026, all agencies must post a video or audio recording of any oral presentation and public hearing on a rule within fifteen (15) days after the meeting and retain such recording and post the recording on the agency’s website, if any, for not less than three (3) years.